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Foster Hsu, LLP	Family Law Attorneys  Motto
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San Jose LGBTQ Divorce Attorney

Dealing with divorce is never an easy time. It’s even more challenging for those who are gay, lesbian, or transgender.

While those in California can divorce under the same laws as heterosexual couples, there are still unique challenges involved. If there are children involved, parental rights can be especially tricky. If you are ready to end your marriage, get the legal and emotional support you need from a San Jose LGBTQ divorce attorney from Foster Hsu, LLP.

Aspects to Consider

LGBTQ divorces are recognized in San Jose and all throughout California. And while the law is pretty much the same, there are some other aspects that need to be considered, such as the following:

  • Parental rights. If the couple has children, there may be issues related to custody, visitation, and child support. This can be complex, especially if one partner is not the biological parent or if the children were conceived through reproductive technologies.
  • Division of assets. Just like in heterosexual divorces, the division of assets and debts acquired during the marriage can be contentious. It’s essential to document all shared assets and liabilities to ensure a fair division.
  • Spousal support. Depending on the financial circumstances of each spouse, one spouse may be entitled to spousal support from the other. This could depend on factors such as the length of the marriage, earning capacity, and financial needs.
  • Emotional support. Divorce can be emotionally challenging for anyone, but it can be even more challenging for homosexual or transgender couples to find the support they need. Look to friends, family, support groups, or therapists during this difficult time.
  • Community resources. It may be helpful for LGBTQ couples to look for specific resources in their area. Legal aid organizations or support groups can provide valuable assistance and guidance throughout the divorce process.
  • Sensitive issues. Divorce is associated with a stigma for some heterosexual couples. It’s often worse for LGBTQ couples. There may be additional sensitive issues to navigate, such as coming out to family members or friends who may not have been aware of the marriage or dealing with discrimination from certain individuals or communities.
  • Transgender issues. In cases where one spouse is transgender, there may be specific legal and emotional considerations regarding identity documents, name changes, and gender transition-related issues.

Hiring an attorney who understands LGBTQ family law issues and has handled these types of cases in the past can be beneficial. They can provide guidance tailored to the unique circumstances of LGBTQ divorces and ensure that your rights are protected throughout the process.

Contact Foster Hsu, LLP Today

An LGBTQ divorce is not always easy. In such a divorce, there will likely be legal, emotional, and social factors to consider. Plus, you will likely need adequate resources to facilitate a smooth transition out of the marriage.

Foster Hsu, LLP is up to the challenge. We strive to resolve family law issues without unnecessary litigation, working through conflict to build a better future for our clients. Fill out the online form or call 408-841-7200 to schedule a consultation with a San Jose LGBTQ divorce attorney.

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